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Geneva, IL Guardianship Lawyer

Yorkville guardianship attorney

Attorney for Pursuing Legal Guardianship of a Child or Disabled Adult in Kane County

There are many people who can benefit from assistance with their care and the management of their affairs, including adults with disabilities and young children whose parents are not able to care for them. If you have a loved one whom you believe needs help, you may be interested in becoming that person's guardian. You should know that guardianship is a major responsibility, and that the legal process of becoming a guardian can be complicated, but it is often worthwhile to ensure that your loved one is safe, healthy, protected, and provided for.

If you need legal guidance and representation in your petition for guardianship, Loire Krajniak Law, LLC can help. Our attorney Reese Krajniak has 10 years of experience in family and probate law, and she will work with you to understand your priorities and your loved one's needs to help you pursue an appropriate solution. Whether you want to step up to help a child after their parents' death, take care of an elderly parent or relative, or ensure that your adult child's needs are met, we can help you take the steps to do so.

Guardianship for Disabled Adults in Illinois

In Illinois, a guardian may be appointed for an adult who has been recognized as having a disability according to the definition in the Illinois Probate Act. This definition includes adults who:

  • Have experienced deterioration in their mental or physical capacity
  • Have been diagnosed with a mental illness, developmental disability, or fetal alcohol effects
  • Have a gambling or substance abuse addiction, or are otherwise prone to wasting the assets of their estate

It is important to note that an adult will only be considered to have a disability if one of these conditions makes them unable to fully manage their estate or their personal affairs. If the adult is capable of managing some of these matters, a guardian may be appointed in a limited capacity to assist with only those matters which the adult cannot manage on their own. If the adult's abilities are severely limited, a plenary guardian may be appointed to take full responsibility for the adult's affairs.

You may seek to be appointed as the guardian of your loved one's person, their estate, or both. If you are appointed guardian of the person, you may be responsible for your loved one's personal care, as well as their health, education, comfort, and well-being. If you are appointed guardian of the estate, you may be responsible for managing your loved one's assets, properties, and financial affairs, and using them in your loved one's best interests.

Illinois Minor Guardianship

Children under the age of 18 who are not in the care of their parents will also need a legal guardian to manage their care and financial affairs. In some cases, a parent will nominate a guardian to care for their child temporarily, or name a preferred guardian in their will who will care for the child in the event of their death. If you have been nominated as guardian for a child, the court will likely honor the parent's wishes as long as you are qualified to serve.

If the parents have not made their preferences known, the probate court will need to determine who is best qualified to serve as guardian for a child in need. You may choose to put your name forward as a guardian by filing a petition with the court and demonstrating that serving as guardian would be in the child's best interests. As with a disabled adult, you may seek to be appointed as a child's personal guardian, estate guardian, or both.

Contact a Geneva Guardianship Attorney

Each guardianship case comes with unique challenges, and we can help you face them as you prepare to take on the responsibility for a person in need. If you have questions about filing for guardianship or you need legal representation, contact us today at 630-448-2406 and schedule a free consultation. We represent clients in Geneva, Yorkville, Sugar Grove, Kane County, Aurora, Bristol, Big Rock, Plano, and the surrounding areas.

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